Fayolle v. Texas & Pacific Railroad
Supreme Court of the United States
APPEAL PROM THE SUPREME COURT OP THE DISTRICT OP COLUMBIA. The following motion to dismiss was made in the cause: • ’ “The appellee'in the above entitled cause, by W. D. Davidge and William H. Trescott, its solicitors, appearing specially for the motion, now moves the court to dismiss the said cause for the want of jurisdiction, because, “First.
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APPEAL PROM THE SUPREME COURT OP THE DISTRICT OP COLUMBIA. The following motion to dismiss was made in the cause: • ’ “The appellee'in the above entitled cause, by W. D. Davidge and William H. Trescott, its solicitors, appearing specially for the motion, now moves the court to dismiss the said cause for the want of jurisdiction, because, “First. The transcript of the record was not filed in this court, and the cause docketed at the term next after the appeal was prayed and allowed. “ Second,. No citation was issued. “W. D. Davidge, “William H. Tresoot, ' “ Solicitors for Appellee. “ The…
1Opinion of the CourtChief Justice Waite
This motion is granted. The decree was rendered November 12, 1883. An appeal was taken at the same time in open court returnable to our October Term, 1884, which ended May 4, 1885, but it was not docketed here until January 17, 1888. That was too late, as the appeal. had become inoperative through the failure of the' appellants to docket the case here at the return term. Grigsby v. Purcell, 99 U. S. 505, and cases there cited; Killian v. Clark, 111 U. S. 784; Caillot v. Deetken, 113 U. S. 215. The excuse presented for the failure to docket in tirqe is not sufficient to give the appellants the…
2Cases cited4 opinions
- Grigsby v. PurcellSupreme Court of the United States · 1879
- Edwards v. United StatesSupreme Court of the United States · 1880
- Caillot v. DeetkenSupreme Court of the United States · 1885
- Killian v. ClarkSupreme Court of the United States · 1884
3Cited by4 opinions
- Freeman v. United StatesCourt of Appeals for the Second Circuit · 1915
- Carriere & Son v. United StatesU.S. Circuit Court for the District of Western Michigan · 1908
- Rush v. ConnerSupreme Court of Florida · 1902
- Walter A. Wood Harvester Co. v. HeidelNorth Dakota Supreme Court · 1894